Residential Burglary In Washington
RESIDENTIAL BURGLARY
Definition of Residential Burglary
RCW 9A.52.025 defines a Residential Burglary as the following:
Entering or unlawfully remaining in a dwelling
With the intent to commit a crime within
This charge is a Class B felony.
What does it mean to Enter or Unlawfully Remain?
Burglary involves allegations of either entering or remaining unlawfully in a building. So understanding these definitions is important to understanding whether or not a Burglary charge can be established. Here is a breakdown:
Definition of Entering
Under RCW 9A.52.010, “entering” is defined as: the entrance of any part of your body or an instrument you are holding that is used or intended to be used to threaten, intimidate or detach or remove property. This means that as soon as you or an object you are holding to accomplish the burglary crosses into the threshold of the building, the “entering” element of this charge has been established.
Definition of Unlawfully Remaining
Under RCW 9A.52.010, “unlawfully remaining” is established if you are on the premises of a property and have not been licensed, invited, or otherwise permitted to be there.
This also includes the following situations:
Being in a public building, but entering into a restricted are you are not permitted to be in
Overstaying beyond the period of time you are lawfully allowed to remain
Entering into fenced in or improved property
Entering upon apparently unused land where you have been told it would be trespassing, or conspicuous signage declares as such
A Burglary does not have to involve a Theft
Most people believe that the charge of Burglary has something to do with a Theft, but that is not necessarily the case. People can be charged with Burglary without ever stealing or intending to steal anything at all. Burglary is a property crime as it does have to do with allegations of unlawfully gaining entrance to a building. However, a Burglary can be charged under RCW Chapter 9A.52 when a person enters a building with the intent to commit any crime inside, not just a theft.
Residential Burglary and No Contact Orders
Residential Burglary is often charged in cases of Violating a No Contact Order, although some people find it shocking that a charge for Burglary can stem from something like this. As outlined above, a Burglary does not have to involve a theft, only the attempt to commit a crime. Therefore, if you have a No Contact Order in place prohibiting you from contacting a person or entering their home, you can be charged with Burglary for entering their property in violation of that order. This is because violating the order is the underlying crime you intended to commit upon entering, which meets the definition of a Burglary. These crimes are regularly charged as Domestic Violence, which you can read more about here.
Burglary vs Residential Burglary
The charge of regular Burglary applies to a burglary alleged to have occurred in a commercial building or other building that is not a residence. If the Burglary is alleged to have occurred in a residence, then it will be charged as a Residential Burglary.
POTENTIAL OUTCOMES FOR A CHARGE OF RESIDENTIAL BURGLARY
Consequences of a Residential Burglary Conviction
As a Class B felony, this charge carries very consequences if convicted. Most seriously, this charge can be charged as a strike offense, which means as a third strike it carries the possibility of life in prison. A good outcome on a felony charge such as this could range from getting a dismissal of your case, a reduction to a misdemeanor, or reducing the jail or prison time. Your options will depend on the facts of the case and your history. For a personalized consultation, contact us here.
Potential punishments for a conviction for a Class B felony range as follows:
0-10 years of prison (this may vary dependent upon your offender score, history, and charges)
Fines of $0-$20,000
Probation or DOC Supervision if you serve time in the Department of Corrections.
Restitution
Classes or Treatment
Prohibition of Possessing Firearms
A No Contact Order with the alleged victim
Residential Burglary and the Underlying Offense - Can you be Charged with Both?
Yes, you can be charged with both Residential Burglary and the other charge that was the basis of the burglary. By nature of the definition of a Burglary under RCW Chapter 9A.52, there had to be the intention to commit another crime, so there is usually a second crime or attempted crime charged along with the Burglary. So if you entered a property in violation of a No Contact Order as in the example above and therefore were charged with a Residential Burglary, you can also be charged with the underlying Violation of a No Contact Order as well.
WHAT CAN YOU DO ABOUT A CHARGE FOR RESIDENTIAL BURGLARY?
What should I do if I am accused of Residential Burglary?
If you are being accused of a crime or are subject to a law enforcement investigation, please read more about your options here. Even if charges have not been filed yet, there are things an attorney can do to help. Most importantly, in some cases we can work to stop those charges from being filed. If you are in this situation you can schedule a free consultation here.
What should I do if I am charged with Residential Burglary?
If you have been charged and given a court date, you absolutely will need an attorney’s help to fight those charges, especially when you are facing a felony or strike offense like this. Read more about what to do if you have been arrested here, or charged with a crime here.
What if the alleged victim wants to drop the charges against me?
This charge oftentimes involves a residence owned by a current or former partner or family, and as outlined above it also often involves a Violation of a No Contact Order. We have addressed this issue in detail in our article, here. However, the short answer is that the alleged victim cannot make the charges go away. Only the District Attorney has control over whether or not charges will be filed, and you will need an attorney’s help to fight them on that. That being said, we can work with the District Attorney to stop them from filing charges against you, and tell you how the victim’s participation, or lack thereof, in the case against you can impact your case.
Can I get my case dismissed?
The answer to this question will completely depend on the facts of your case. In any case a dismissal of the charges is the best case scenario, and there are multiple ways of getting one - outright, by completing a diversion program, or by winning a trial. We can walk you through what options are possible in your case.
